Chevron Geothermal Philippines Office Makes It of Record that It Has Nothing to Do with the BacMan Geothermal Plant

By Lolo Bobby M. Reyes of Sorsogon City, Philippines, and West Covina, California

Part VIII of a Series on “Saving Our Sorsogon (SOS) Bay”

As most dictionaries say, to “go jugular” is as an idiom that means to criticize someone very cruelly by talking about what one party knows that will hurt the other party the most. The root word is taken from the jugular vein, which is a large artery that carries blood to the heart.

The people of Sorsogon – if they want to save Sorsogon Bay and its tributary, the Kawayan River, and fight for Mother Earth – must “go for the jugular” and file civil and/or criminal cases against the Philippine National Oil Company-Energy Development Corporation (PNOC-EDC), which sold out all its equity to the EDC, the Lopez-controlled conglomerate that owns and manages the EDC, and their corporate officers, and all the national, regional, provincial and city public officials that tolerated the pollution to Sorsogon Bay and its tributary and the long-term effects of the pollution caused to the bay and the people – from fishermen to shellfish dealers, farmers and the people (read, as stakeholders of the province and its environment).

The provincial, city and other public officers of Sorsogon – even if they did nothing to help the EDC, the PNOC and other defendants – must be named as accessories and/or accomplices. Even if they turn state witnesses, only their criminal liability must be waived in a plea bargain. They must, however, also be civilly liable for any and all damages that may be proven during the trial and awarded by the court of law to the Province of Sorsogon.

Commending the Chevron for its Rapid Response

In the meantime, the Chevron Corporation of California, has reacted swiftly to the e-mail of inquiry sent to it on June 10, 2011. Within a couple of hours, an officer of the Public Affairs Division of Chevron e-mailed to this writer an acknowledgment. Last Friday, I received a long-distance call from Quintin V. Pastrana, who is based in the Philippines. Mr. Pastrana sent an e-mail that confirmed what we discussed during our telephone conversation. Here is Mr. Pastrana’s e-mail:

This is to clarify, and as agreed during our telephone conversation,that Unocal Corporation (acquired by Chevron Corporation in 2005) has notbeen connected in any way with the development or operations of theBacon-Manito geothermal project in Sorsogon province.

Unocal, now Chevron, has focused its steam field operations on providingclean, indigenous, and reliable energy in two projects since 1971: theTiwi Geothermal project in Albay province, and the Mak-Ban geothermalproject in Laguna and Batangas provinces.

The said project has been operated by Philippine National Oil CompanyEnergy Development Corporation (PNOC-EDC), now EDC, and you may wish todirect your inquiries to their company representatives.

Where and When the Suits Against the EDC, PNOC, Lopez Conglomerate, Et Al, May Be Filed and How to Get the a Legal-Defense (Offense) Fund

T he respondents and defendants may be sued both in the Philippines and in the United States and possibly in Canada where the Lopez conglomerate operates also a ABS-CBN subsidiary or affiliate.

There is no problem suing in Philippine courts – both criminally and civilly – the defunct Philippine National Oil Company-Energy Development Corporation (PNOC-EDC), which sold out all its equity to the EDC, the PNOC itself, the Lopez-controlled conglomerate that owns and manages the EDC, and their corporate officers, and all the national, regional, provincial and city public officials that participated and/or tolerated the ecological rape of Sorsogon Bay and its tributary and the environment of Sorsogon.

The Alien Tort Claims Act (ACTA) and the Torture Victim Protection Act (TVPA) – were adopted from an obscure United States Judiciary Act of 1789. Both Acts vest “district courts” original jurisdiction on any civil action by an alien for a tort only committed in violation of the law of nations or a treaty of the United States. Ergo, the people of Sorsogon and American citizens of Sorsoganon descent can file cases in the United States against the said defendants. They can ask hundreds of millions of dollars in actual and punitive damages and if they win the suits (usually done in a jury trial), the plaintiffs can immediately attach the properties of any of the defendants that are found in the United States.

In a subsequent installment of this series, we will discuss further the legal remedies available to the People of Sorsogon, including a review of the doctrine of “Piercing the Veil of Corporate Fiction” and the power of eminent domain that the Province of Sorsogon and/or its people may use against the targeted defendants or respondents. We will also discuss how a legal-offense (sic) fund may be raised to bankroll the suits and obtaining the pieces of evidence that can convict the defendants, et al,for all the ecological rape they have done to the Sorsogon environment for more-than two decades now.